(1)Any person convicted of engaging in
activity in violation of the provisions of section 18-17-104 commits a class 2 felony
and, upon conviction thereof, shall, in addition to the penalty provided for in section
18-1.3-401:
(a)Be fined not more than twenty-five thousand dollars; and
(b)Forfeit to the state any interest, including proceeds, he has acquired or
maintained in violation of section 18-17-104 and any interest in, security of, claim
against, or property or contractual right of any kind affording a source of influence
over any enterprise which has established, operated, controlled, conducted, or
participated in the conduct of in violation of section 18-17-104.
(2)In lieu of the fine authorized by paragraph (a) of subsection (1) of this
section, any person convicted
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(1) Any person convicted of engaging in
activity in violation of the provisions of section 18-17-104 commits a class 2 felony
and, upon conviction thereof, shall, in addition to the penalty provided for in section
18-1.3-401:
(a) Be fined not more than twenty-five thousand dollars; and
(b) Forfeit to the state any interest, including proceeds, he has acquired or
maintained in violation of section 18-17-104 and any interest in, security of, claim
against, or property or contractual right of any kind affording a source of influence
over any enterprise which has established, operated, controlled, conducted, or
participated in the conduct of in violation of section 18-17-104.
(2) In lieu of the fine authorized by paragraph (a) of subsection (1) of this
section, any person convicted of engaging in conduct in violation of the provisions
of section 18-17-104, through which he derived pecuniary value, or by which he
caused personal injury or property damage or other loss, may be sentenced to pay a
fine that does not exceed three times the gross value gained or three times the
gross loss caused, whichever is the greater, plus court costs and the costs of
investigation and prosecution, reasonably incurred.
(3) The court shall hold a hearing to determine the amount of the fine
authorized by subsection (2) of this section.
(4) For the purposes of subsection (2) of this section, pecuniary value
means:
(a) Anything of value in the form of money, a negotiable instrument, or a
commercial interest or anything else, the primary significance of which is economic
advantage; or
(b) Any other property or service that has a value in excess of one hundred
dollars.
(5) In any action brought under this section, the district court may, at any
time, enter such injunctions, prohibitions, or restraining orders, or take such actions,
including the acceptance of satisfactory performance bonds, in connection with any
property or other interest subject to forfeiture under this section, as the court may
deem proper.
(6) Upon conviction of a person under this section, the district court shall
authorize the district attorney or the attorney general to seize all property or other
interest declared forfeited under this section upon such terms and conditions as the
court shall deem proper. The state shall dispose of all property or other interest
seized under this section as soon as feasible, making due provision for the rights of
innocent persons. If a property right or other interest is not exercisable or
transferable for value by the state, it shall expire and shall not revert to the
convicted person. The disposition of seized property shall be as follows:
(a) Any personal property which is required by law to be destroyed, or the
possession of which is illegal, or which, in the opinion of the court is not properly
the subject of a sale may be destroyed pursuant to a warrant for the destruction of
personal property, issued by the district court, directed to the sheriff, and returned
by the sheriff upon execution thereof. The district court shall stay the execution of
any such warrant during the period in which the property is used as evidence in any
pending criminal or civil proceeding.
(b) Any personal property seized and forfeited under the provisions of this
section shall be sold by the sheriff in the manner provided for sales on execution. In
lieu of ordering the sale of such property, the court may, if it finds that it can be
used by a law enforcement agency, order it delivered to a law enforcement agency
for such use.
(c) As to any real property, the district court shall enter a permanent order of
abatement. The order of abatement shall direct the sheriff to sell such building or
place and the ground upon which it is situated, to the extent of the interest, direct
or indirect, of such person convicted under this section, at public sale in the manner
provided for sales of property upon execution.
(d) The proceeds realized from such sales shall be applied as follows:
(I) To the fees and costs of sale;
(II) All costs and expenses of investigation and prosecution, including, but
not limited to, costs of resources and manpower incurred in investigation and
prosecution;
(III) The balance, if any, to the general fund of the state.